Part IV – Arrest and Surrender of Person to ICC

Surrender and Delivery Orders

35. Surrender by consent.
(1) A person may at any time notify a Registrar that he or she consents to being surrendered to the ICC for the crime or crimes for which the ICC seeks the surrender or the person.

(2) The Registrar may accept the notification of consent under subsection (1) if –

(a) the person is before the registrar when notification of the consent to surrender is given; and

(b) the Registrar is satisfied that the person has freely consented to the surrender in full knowledge of its consequences.

(3) Nothing in this section shall be constructed as preventing a person, in respect of whom the Registrar has made a delivery order, from subsequently notifying the Minister that he or she consents to surrender.

(4) For the avoidance of doubt a person arrested under a provisional warrant may consent to surrender before a request for surrender is received, in which case the Registrar may make an order under subsection (5).

(5) Where the consent to surrender has been given, the Registrar shall immediately make a delivery order in the same terms as section 33(2) and sections 33 and 34 apply.